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Consumer Confusion First Amendment

ArentFox Schiff

The Last Dance? The Future of the “Rogers Test” After the Jack Daniel’s Decision

ArentFox Schiff on

After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more

Verrill

Litigation Update: Jack Daniels V. Bad Spaniels. Is It Parody or Is It Trademark Infringement?

Verrill on

This week the U.S. Supreme Court will hear argument in the case, Jack Daniel’s Properties Inc. v. VIP Products LLC, U.S. Doc. No. 22-148, to decide the question: Can we do that? ...more

Jones Day

"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

Jones Day on

In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more

International Lawyers Network

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A...

Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT...more

International Lawyers Network

Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Womble Bond Dickinson

PayPal Sues the CFPB Over the Prepaid Account Rule

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On Wednesday, PayPal sued the CFPB in federal district court in the District of Columbia claiming the Bureau's Prepaid Account Rule (“Rule”) is arbitrary and capricious and was issued in violation of the Administrative...more

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